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Job Discrimination and Harassment : Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.
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  #1  
Old 11-02-2009, 08:37 PM
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I have reported sexual inappropriateness of a staff with children for over a year at


Arizona, I have reported sexual inappropriateness of a staff with children for over a year at a High Profile Children's Organization and the heads have done nothing about it until I reported them all, the guy, my supervisor and the director of the organization to the police 2 1/2 weeks ago. Now they put this guy on admin. suspension and asked me to go on admin. paid leave. My 11 year old son witnessed this guy being inappropriate and other staff have come forward to back me up to the police and to my supervisors...I think they have been trying to cover this up because this guy is my boss's son's best friend and this guys sister and mother work here and they have all worked together for so long. Also I reported my supervisor and the director for stealing money.
This has been so stressful, watching this guy, reporting verbally and in letters and waiting, and my son asking me questions about this guys inappropriateness, can I sue this non profit organization for all this stress and for allowing a hostile work environment to go on so long? Even if I wasn't the one being sexually harrasssed I had to watch these young girls 8yrs old to 12 yrs old be sexually harrassed and touched, the girls were interviewed by the police and the police told me they didn't have any complaints but that the police discovered from interviewing the staff that this guy was very inappropriate and very hard on the boys. I am going to be meeting with a non profit legal lawyer next week and I wanted to know what kind of questions I should ask? Thank you, I am a single mother and have been trying to get this all to stop for so long, I just wanted the kids to be safe and now it has totally distroyed my life as I feel they may try to fire me for exposing them and I was cleaning for them to earn extra money and I had to quit doing that because of all of this too...
  #2  
Old 11-03-2009, 07:46 AM
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While discipline for reporting employer crimes may well be against the whistleblower laws, "admin paid leave" may not actually be discipline. Have you asked your employer why they want you top take admin paid leave? Maybe it's just that they don't want you there while they conduct their own internal investigation and have every intention of recalling you when the investigation is complete.

Ask your employer about this and let us know what the answer is. And meanwhile my esteemed colleagues will probably weigh in with more information about whistleblower protection.
  #3  
Old 11-03-2009, 10:39 AM
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I asked why they wanted me to go on Admin. paid leave and they said things are very tense at our site, even though they keep telling me no one knows it was myself who started reporting the guy ( I don't believe them as this guy that I reported his sister and mother both work at our site and my boss and them have all worked together for 5 years - they are all clicky), this is a very small town and they play in the Good Ol Boy club, I ran into that when I reported it to the local police, I had to keep pushing them to not drop the case and continue a complete (or as complete as they are willing to do) investigation. I have had to report my supervisor and the director for information I discovered about missing money in the budget, I called the local county attorney and they said they wouldn't get involved unless the police asked them to. The director of my club called the chief of police two days after I reported all of them and the chief dropped the case, I have had to beg the police officer I was dealing with to continue.
This has totally distroyed my life with all the stress of dealing with all of this for so long and having to stop cleaning for this organizations 2 sites to earn extra money because my supervisor said someone was breaking in repeatedly and stealing money using a key, she said she thought it was an old employee and I said why don't you change the locks - she said it would be to expensive, and she never reported this to the police, so I removed myself from cleaning for them because I don't trust them that they might say I did something wrong in retaliation for turning them all into the police. Also having to deal with these issues at home answering my 11 year old son's questions on why this guy is so weird and inappropriate with the young girls.

Can I sue for a hostile work environment? I was forced to witness repeatedly (I have logged and reported several incidences) this adult male be sexually inappropriate with young girls and verbally and unfairly rough, even physically rough with the boys sometimes too...I live in Arizona and I have called the EEOC, they weren't clear if I had a case but told me to fill out a form and send it in. I feel I have suffered emotionally, mentally and physically as I have lost So Much sleep and worried and stressed waiting over a year for them to do something and they constantly said they were, and I discovered in a recent conversation right before I went to the police that I feel from what was said they had Never even talked to the guy about his wrong doing.
My employers were negligent and allowed a hostile work environment that I complained about repeatedly and in one letter I told them how my 11 year old son said what this guy was doing was Sexually Harrassing the little girls.
On one incident I walked into a room where the doors were closed and the lights were off and this guy was in the room with about 12 kids, the room was very small and he is a big guy, I opened the door and I couldn't see well because it was dark and I asked the kids where this guy was and a group of girls in the corner of the room sepperated and he had a 11 year old sitting directly on his crotch and a 10 year old sitting on his inner thigh. As soon as this guy and I made eye contact he shoved both girls off.
  #4  
Old 11-03-2009, 10:49 AM
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**Thank You for All your Help, it is Much Appreciated**, I have never been through anything like this before and I have been learning on my own who an who not to talk to about this, that is why I came on here, outside of our community, the director of our site has a Lot of political pull in our town, it seems like everyone I turn to for help pulls away, I wanted to know if I could be sued if I went to the papers and tv news with this, I feel the police and this organization are going to try to keep covering this up and no one is telling the parents the truth, I asked the director if they were going to give the parents a copy of the Inccident Report I filed in July 2009 regarding the guy alone in the dark room with the children in the previous post, and she said that would be up to their lawyer ~ in the past Inncident Reports were Always given to the parents to sign - there is a line at the bottom for their signature...
  #5  
Old 11-03-2009, 10:55 AM
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P.S. ~ Do I have this listed in the right area?? Job Discrimination and Harassment? Should I put a copy of it in different areas of the Employment Labor Law Forum?
  #6  
Old 11-03-2009, 11:25 AM
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It's fine right where it is. Please don't double post. All the responders in the Employment Law Forum read all the sub-forums.

Your posts are quite long and we're all volunteers here who try to fit this in with our regular jobs and personal lives. Be patient.
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  #7  
Old 11-03-2009, 03:36 PM
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Amigo, what did Child Protective Services say when you reported this to them?
  #8  
Old 11-03-2009, 04:03 PM
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Hi~ Child Protective Services asked me if the guy I was reporting was related to any of the children and I said no and they said that they couldn't get involved unless he was related to any of them and to notify the police...and I did...
  #9  
Old 11-03-2009, 08:21 PM
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Basically, as long as you're being paid, you're OK. If your pay stops, file for UI benefits and contact a lawyer about whistleblower protection. Period. That's all you need to know. Try to relax while you're waiting to see what happens.
  #10  
Old 11-04-2009, 12:02 AM
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Thank you for your advise, and I will wait to see what happens regarding the police report. I called the police records dept. today and they said it should be available by the end of the week. The director of my organization said that once they receive the police report they will go over it with their lawyer and the Board of Directors then contact me for a debriefing. Even if they end up not firing me because the have no legal way to as I have done nothing wrong and turned them in for child endangerment and possible embezzelment I am sure they will try to make my job as miserable as possible as I turned in my supervisor and two heads of the company along with this guy - also this guys mother and sister work at my location so when I return it will be Very stressful and uncomfortable.
I wanted to know if any one with legal knowledge knows if I would have a case for A Hostile Work Environment having to deal with these issues of this guy sexually harassing the young girls/being sexually inappropriate with them and my bosses allowing it for so long when I repeatedly asked them to stop it and report it to the authorities and the parents. I feel I am due compensation for pain and suffering for over a year of losing sleep, stressing out at home and work, sharp pains in my chest and severe anxiety. I wanted the children to be safe number one and tried my best to enforce that by demanding they do something repeatedly, and number two I have paid with my health all along the way, my son and friends know how much it has effected my spirit and mood and still is as I am still trying to get help from outside sources to look into this, I have sent a copy of everything to the Corporate office of this organization located in another state, I plan on sending to the Attorney General of Arizona and to the EEOC. Could someone who knows the law or at least has a better understanding then me let me know if I could pursue Hostile Work Environment and any suggestions that may go along with that. I have researched the Arizona Laws for Sexual Harassment and Hostile Work Environment and from what I can tell I have a claim but it is not clear.
Thank you, I am trying to prepare for fair compensation as this has totally distroyed my life and effected my life in every way. I am a dedicated employee and I Love my job and I have donated tons of hours to the organization and its cause, but this has been so overwhelming for so long and I feel these people are responsible for my state of depression and financial devestation as I have been unable to sleep, think clearly and feel pysically drained for months and months, My doctor has put my on Antiexiety meds and Xanax and I am seeing a councelor. I am seeking Legal Advise on how to pursue legal financial compensation for my employers wrong doing. Thank you...
  #11  
Old 11-04-2009, 01:23 AM
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Since you haven't suffered any financial loss because of the situation (at this point), you have no case to recover any money.
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  #12  
Old 11-04-2009, 08:12 AM
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Agreed. As long as you're being paid, you have nothing to sue for. If you somehow manage to twist some attorney's arm and get him to help you sue, you will lose that lawsuit AND you'll be out legal fees. Plus your employer will have a good, sound legal reason for firing you.
  #13  
Old 11-04-2009, 11:12 AM
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Wow ~ I can't believe this isn't considered a hostile work environment, I have suffered financial loss missing work due to the stress of all of this, and having to quit cleaning for the organization which was extra income and the stress of all of this has effected my free lancing efforts as a designer. This whole situation that I have been fighting for the leaders of this organization to do the right and legal thing has totally effected my health and income. Even if they are still paying me - 25 hours a week at $9 an hour - does that mean they can put me through what ever stressful unnecessary situation they want that has kept me from being able to do my job to the best of my ability?

I don't understand how that is allowable, I have read the laws and from what I can tell if my employer knowingly allowed a hostile work environment and did nothing to prevent it they are responsible. For possible punitive damages to keep this from happening again.

I am not trying to argue and I do Appreciate your advise and guidence, it is just very disheartening that this can happen and be allowed with no justice.
  #14  
Old 11-04-2009, 11:24 AM
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Quote:
Originally Posted by AmigoGirl View Post
Wow ~ I can't believe this isn't considered a hostile work environment, I have suffered financial loss missing work due to the stress of all of this, and having to quit cleaning for the organization which was extra income and the stress of all of this has effected my free lancing efforts as a designer. This whole situation that I have been fighting for the leaders of this organization to do the right and legal thing has totally effected my health and income. Even if they are still paying me - 25 hours a week at $9 an hour - does that mean they can put me through what ever stressful unnecessary situation they want that has kept me from being able to do my job to the best of my ability?

I don't understand how that is allowable, I have read the laws and from what I can tell if my employer knowingly allowed a hostile work environment and did nothing to prevent it they are responsible. For possible punitive damages to keep this from happening again.

I am not trying to argue and I do Appreciate your advise and guidence, it is just very disheartening that this can happen and be allowed with no justice.
not to take away from YOUR issue....


but the real victims are the children that were being sexually assaulted.
  #15  
Old 11-04-2009, 11:48 AM
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Yes I agree, and I have done everything I can and still am seeking help to bring this to full light to make sure it is investigated to the fullest and that the parents know the whole truth. I do care about the children and want them to be safe, that is why I have fought for so long to make my superiors take action. And I will keep doing so until they fire this guy and hopefully fire my superiors for allowing this to go on for so long. I am trying to get help for myself also, I feel I have been a victim in all of this too. I am trying to share what all of this has been like to go through, no one can know how stressful this has been unless they were actually going through it too. I am a single mother and having to deal with this on my own and being forced to deal with it not only at work but home to because my 11 yr. old son had to witness this guys inappropriateness and I had to have numerous discussions to answer my sons questions and concerns, I have done the best I can and now that it is out in the open I feel the children have others fighting for them now and I can finally focus on my family and my needs, it has totally drained me physically and mentally and I thought this site was to get legal advice. I understand if it sounds shocking that I would want financial compensation in relation to these issues but it has damaged my life and I am losing my apartment, I don't know if I will be losing my job over this and it has been emotionally damaging to my son and myself. There are lots of details to this that are to numerous to list here and I have tried to explain the issues to get some kind of legal guidance.
Thank you for your help and I am listening to what everyone is saying and learning as I go what to expect and prepare for. I have relied on my friends up until this point for advise and they mostly told me to leave and give up, my heart and faith told me to keep fighting and pushing because I knew if I walked away this would be covered up and not dealt with.
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